This is a special review request to allow the location of a 120-unit assisted living and memory care facility at the southeast corner of S 44th Street West and Monad Road in the Lenhardt Square Planned Development. The property is zoned MF-R that allows multi-family developments but requires special review for any assisted living facility for more than 8 residents. The property received a previous special review approval (SR #917) to allow a 100-unit facility but since that approval on July 28, 2014, the plan has been amended to increase the number of units and re-arrange the approved site. These changes trigger a new special review application. The property is legally described as Lot 1, Block 1, Lenhardt Square Subdivision, 1st Filing. The lot is a total of 8.327 acres and includes the assisted living facility, parking areas, internal access roads and landscaping area detailed on the site plan. The owner is Stock-Naughton, LLP and the agent is Sanderson Stewart. The Zoning Commission conducted a public hearing on January 6, 2015, and is forwarding a recommendation of conditional approval and adoption of the findings of the 3 criteria on a 5 to 0 vote.

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. The Zoning Commission concurred with this recommendation. Before a recommendation of approval or conditional approval can be made, each special review request must demonstrate conformance with three primary criteria: 1) The application complies with all parts of the Unified Zoning Regulations, 2) The application is consistent with the objectives and purposes of the Unified Zoning Regulations and the 2008 Growth Policy, and 3) the application is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts. This application conforms to the first criteria in so far that it is within a district where an assisted living facility may be allowed by special review. The proposal appears to meet all of the zoning requirements within the Lenhardt Square Planned Development zone. The application also conforms to the second and third criteria. The zoning regulations adopted by the City Council have designated all residential zoning districts as areas where assisted living facilities for more than 8 persons may be allowed. Lenhardt Square has adopted identical provisions as well as specific criteria for special review applications such as architectural and building scale compatibility, traffic generation and compatibility with adjacent uses. The proposal is consistent with goals of the 2008 Growth Policy, and the Lenhardt Square Planned Development – specifically the goal of encouraging uses that are compatible with the character of the adjacent land use patterns. This site is adjacent to multi-family uses within the City limits and will share a common boundary with the St. Vincent’s Healthcare medical campus to the east. There are no direct impacts from the proposed location of the assisted living facility that need to be mitigated by conditions of approval. The recommended conditions are standard conditions applicable to all special review approvals.

The Zoning Commission recommends approval, subject to the following conditions:
1. The special review approval is for the construction of an assisted living and memory care facility with 120 units.
2. The approval is limited to Lot 1, Block 1 of Lenhardt Square Subdivision, 1st Filing, generally located on S 44th Street West.
3. Increases in the number of units or the number of off-street parking spaces greater than 10% of the numbers shown on the site plan will require additional special review approval.
4. The site will be developed in substantial conformance with the submitted site plan dated 12-08-14. Minor modifications to the site plan are acceptable.
5. These conditions of special review approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.
6. The proposed development shall comply with all other limitations of Section 27-613 of the Unified Zoning Regulations concerning special review uses, and all other City of Billings, regulations and ordinances that apply.

**NOTE** Approval of this Special Review does not constitute approval of a building permit, sign permit or fence permit. Compliance with all applicable local codes will be reviewed at the building permit or zoning compliance permit level. This application is for a Special Review as noted above and no other request is being considered with this application. The use and development of the property must be in accordance with the submitted site plan.

There should be an increase in property value from the development of the assisted living and memory care facility at this location. Additional city services will be provided such as police, fire, and other public safety services.

This is a special review request to construct an assisted living facility in a multi-family district in the Lenhardt Square Planned Development zone. The underlying zoning allows up to 20 dwelling units per acre for residential use. An assisted living and memory care facility is not considered a multi-family residential use since additional services are provided to residents that can no longer live independently. The Planned Development zoning requires a special review for assisted living facilities that have more than 8 residents. The proposed use is for 120 units in a 2-story structure with a basement. Memory care is a specialized type of assisted living for persons with Alzheimer's or other chronic conditions that limit their ability to provide day-to-day care for themselves. There are several assisted living facilities in this area of Billings including Highgate House, Morning Star, Tendernest and St. John’s Retirement Community. As the number of people age 65 and older increases, the demand for assisted living and similar supportive living facilities will increase. The population age 65 and older in Yellowstone County in 1990 was about 14,000, or 12% of the total population. In 2013, this population group increased to 23,000 or about 15% of the total population. Census projections estimate by 2030, persons over age 65 will approach 39,000 or 22% of the total population in Yellowstone County.

South 44th Street West is a new subdivision road that will connect with Monad Road and continue through the adjacent subdivision to Shiloh Road. Currently, there is a single connection with King Avenue West to the south. As additional dwellings, businesses, and building activity increases, traffic control may be
required at this intersection. The intersection of Monad Road and Shiloh is controlled by a traffic roundabout. Traffic counts on King Avenue West at the intersection of S 44th Street West are about 6,400 vehicles per day and on Shiloh Road at the King Avenue West roundabout averages more than 10,000
vehicles per day. Any additional traffic from the proposed use will be primarily from employees, visitors, and deliveries since most of the residents will no longer be driving. The site plan shows at least 74 off-street parking spaces.

The site plan shows the facility as a single, 2-story structure and complies with the Planned Development zoning regulations for height, setbacks and lot coverage. Additional site characteristics such as signage, lighting, landscaping, and building design will be reviewed at the time of building permit submittal. The site plan appears to show abundant landscaping, pedestrian connections, and similar outdoor amenities. The Planned Development zoning has specific requirements for these types of facilities.

The Zoning Commission conducted a public hearing on January 6, 2015, and received the staff recommendation and testimony from the applicant's agent, Sanderson Stewart. No other testimony was received. The Zoning Commission is recommending conditional approval and adoption of the findings of the 3 criteria on a 5 to 0 vote.

The Consistency with Adopted Policies and Plans is discussed the Alternatives Analyzed section above.